Disclosures of personal information under RTI can be justified in matrimonial cases where legitimate public interest is demonstrated.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/DGIIH/A/2024/604335 Yusaf Khan Mohammad .….अपीलकता(cid:18)/Appellant VERSUS बनाम CPIO, Office of the Income Tax Officer, Ward - 1, Aayakar Bhavan, 35-29-2, Sajjapuram, Tanuku, AP – 534211 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 25.06.2025 Date of Decision : 30.06.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 10.10.2023 CPIO replied on : 10.11.2023 First appeal filed on : 16.11.2023 First Appellate Authority’s order : 21.11.2023 2nd Appeal/Complaint dated : 31.01.2024 Information sought:

1. The Appellant filed an RTI application dated 10.10.2023 (online) seeking the following information:

“I need to get my wife’s Gross Income/Net income (From 2012 to 2023)

I am filing this RTI application with respect to the income details of my wife.

Gross Income/Net income of my wife.

Name - Vazeer BiBi Shiek PAN NO - *******52Q Gross Income/Net income of my wife A.2012 to 2013 B.2013 to 2014 C.2014 to 2015 D.2015 to 2016 E.2016 to 2017 F.2017 to 2018 G.2018 to 2019 H.2019 to 2020 I.2020 to 2021 J.2021 to 2022 K.2022 to 2023 This information was very helpful to submit to the court to prove my wife’s false case against me.”

2. The CPIO furnished a reply to the Appellant on 10.11.2023 stating as under:

“Your request seeking information pertaining to Vazeer Bibi Shiek (PAN No: EDMPS5752Q) i.e. Gross Income/Net Income of your wife Vazeer Bibi Shiek (PAN No: EDMPS5752Q) for the years 2012 to 13, 2013 to 14, 2014 to 15, 2015 to 16, 2016 to 17, 2017 to 18, 2018 to 19, 2019 to 20, 2020 to 21, 2021 to 22 and 2022 to 2023 has been perused and the same cannot be acceded to. The details sought by the applicant are "personal information" of the taxpayers, which stand exempted from disclosure under clause (j) of section 8(1) of the RTI Act, 2005. Your request for the said information does not satisfy bona fide public interest. After careful study of the facts and circumstances of the case, your application seeking information relating to the subject matter is hereby rejected in view of the fact that disclosure of such information would cause unwarranted invasion of privacy of the individual under section 8(1)(j) of the RTI Act.”

3. Being dissatisfied, the appellant filed a First Appeal dated 16.11.2023.

The FAA vide its order dated 21.11.2023, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present along with his representative Shri Devarakonda Venkata Rama Aditya, appeared through video conference.

Respondent: Shri C.P.K. Dora, Income Tax Officer and CPIO appeared through video conference.

5. The Appellant inter alia submitted that desired information was not provided by the Respondent authority till the date of hearing. He submitted that he sought information about his wife namely Vazeer BiBi Shiek who has filed a maintenance case in the Family Court, Nidadavolu, AP, based on false and exaggerated claims made by his wife, without any evidence or verification of her income or expenses.

6. The Respondent while defending their case inter alia reiterated the CPIO’s reply 10.11.2023 and denied the information under section 8 (1) (j) of the RTI Act. In response to a query of the Commission, the Respondent informed that third party namely Vazeer BiBi Shiek has filed ITR from the Assessment Year (AY) 2017-18 onwards and thus records are available with them from that year only.

Decision:

7. The Commission after adverting to the facts and circumstan